19980113 1998-1ORDINANCE NO. 1998-1
AN ORDINANCE TO AMEND CHAPTER 26 OF THE CODE OF THE
CITY OF FAIRFAX TO MODIFY ARTICLES I THROUGH IX,
ARTICLES X THROUGH XH AND ARTICLE XV TO PROVIDE FOR
TELECOMMUNICATION FACILITIES IN ALL ZONING DISTRICTS
WITH A SPECIAL USE PERMIT FROM THE CITY COUNCIL.
WHEREAS, telecommunication facilities generally require antenna heights in
excess of the heights permitted within most of the City's zoning; and
WHEREAS, telecommunication facilities provide a benefit to the public; and
WHEREAS, telecommunication facilities can be planned, located, designed and
constructed to minimize their visual and physical impacts; and
WHEREAS, telecommunication facilities can be appropriate uses for some
locations in each of the City's zoning districts;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that Article I, Sec. 26-4 of the Code of the City of Fairfax, Virginia, is
hereby amended to add definitions for "monopole" and "telecommunication facility" as
follows:
Monopole: A single, self-supporting pole-type structure, tapering from the base to the
top and supporting a fixture designed to hold one or more telecommunications
antennas.
Telecommunication Facility: Whip antennas, panel antennas, microwave dishes, satellite
dishes and like devices for wireless transmission or reception including, but not
limited to, mobile cellular telephones, mobile radio system facility, and telephone
repeater stations.
BE IT FURTHER ORDAINED that Article II, Sec. 26-12 of the Code of the City of
Fairfax, Virginia, is hereby amended to replace subsection (b) and to add subsection (c)
as follows:
Sec. 26-12. Spires, towers, antennas, etc.
(b) Antennae structures and towers for radio, television, and/or
telecommunications reception or transmission (hereinafter referred to as
telecommunication facilities) may be located on existing conforming structures in
the city not to exceed a maximum height of sixty-five (65) feet measured from the
ground level to the highest point of such structure or telecommunication facility.
In the event the total height of the telecommunication facility and the structure on
which it is mounted exceeds twelve (12) feet, the placement and location of such
telecommunication facility shall be subject to approval of the zoning
administrator, who shall coordinate this decision with the building official. The
zoning administrator shall employ the following standards and criteria in
determining whether to approve any proposed placement or location of such
telecommunication facility pursuant hereto:
(1)
The placement or location shall conform to all building restriction
lines and setbacks in the applicable zoning district.
(2)
The placement or location shall minimize any danger of personal
injury or property damage to adjoining property owners and the
applicant in the event such telecommunications facility and/or the
1998-1 -2
structure on which it is mounted should collapse or otherwise
become unstable.
(3)
The placement or location shall take advantage of existing
topography, trees, structures and other obstructions to screen such
telecommunications facility from adjoining and nearby properties
to the extent possible; provided that the same does not prevent
compliance with the standards and criteria set forth in (1) and (2)
herein above.
(4)
The proposed facility and/or structure shall be consistent with the
city's adopted policy for telecommunications facilities.
(c) The city council may by special use permit approve a total height greater
than sixty-five (65) feet for a telecommunication facility and the structure on
which it is mounted in accordance with the procedures and review criteria as set
forth in section 26-103, as well as additional guidelines established by the adopted
city council policy. The zoning administrator does not have the authority to
approve stand-alone telecommunications facilities and/or towers (also known as
monopoles). Such stand alone telecommunications facilities and/or towers may
be approved only by the city council in those zoning districts where such a use is
permitted with a special use permit, subject to following criteria and standards:
(1)
The placement or location shall conform to all building restriction
lines and setbacks in the applicable zoning district.
(2)
The placement or location shall minimize any danger of personal
injury or property damage to adjoining property owners and the
applicant in the event such telecommunication facility and/or the
structure on which it is mounted should collapse or otherwise
become unstable.
(3)
The placement or location shall take advantage of existing
topography, trees, structures and other obstructions to screen such
telecommunication facility from adjoining and nearby property
owners to the extent possible; provided that the same does not
prevent compliance with the standards and criteria set forth in (1)
and (2) herein above.
(4)
The proposed structure and/or facility shall be consistent with the
city's policy for telecommunications facilities.
(5)
Such special use permit shall be granted only if the city council
finds the application to be in full conformance with adopted city
ordinances, and state and federal law;
(6)
In granting a special use permit for telecommunications facilities,
the city council may impose conditions to the extent that such
conditions are necessary to minimize any adverse effect of the
proposed telecommunications facilities on surrounding properties.
(7)
A conceptual development plan shall be submitted for each such
facility with the application for a special use permit containing the
following:
Locations and dimensions of existing and proposed lot lines
and rights-of-way.
1998-1 -3
General locations and dimensions of all existing and
proposed structures, telecommunication facility, support
structures, driveways, curb cuts, parking and loading spaces
and aisles, and storage areas on the site.
General locations, types and sizes of all existing and
proposed on-site landscaping, screening and buffering.
Architectural elevations of each faqade visible from a
public street or residential zoning district, indicating
approximate height of the proposed and adjacent structures,
architectural style and building materials.
A written description of the facility design and a diagram of
the cross-section of the facility and any support structure.
A list of all radio frequencies (transmit and receive) that are
planned to be utilized at the site (including, without
limitation, proposed output levels and antenna coverage
areas) by the applicant and an engineering study to
establish that the frequencies will not cause interference
with any city communications systems. The zoning
administrator may waive the provision for an engineering
study upon determining that there would be no interference
with the city's emergency communications system.
A letter of intent committing, to the extent possible, the
applicant and all successors in interest to allow shared use
of the facility subject to reasonable terms and conditions
for collocation.
A map indicating the proposed immediate service area of
the facility and identifying nearby areas that will be served
and those that will not be properly served by the facility.
A report, prepared by a licensed professional engineer,
demonstrating that the existing structure can safely support
the facility.
Additional information deemed essential by the zoning
administrator or city council to permit adequate review and
evaluation of the proposal.
BE IT FURTHER ORDAINED that Article III, Sec. 26-106 of the Code of the City of
Fairfax, Virginia, is hereby amended by adding subsection (p) as follows:
(p)
Telecommunications facilities that, together with the structures on
which they are mounted, exceed sixty-five (65) feet in height,
subject to meeting the policy guidance, criteria and standards set
forth in Section 26-12(c).
BE IT FURTHER ORDAINED that Article IV, Sec. 26-110 of the Code of the City of
Fairfax, Virginia, is hereby amended by adding subsection (q) as follows:
(q)
Telecommunications facilities that, together with the structures on
which they are mounted, exceed sixty-five (65) feet in height,
subject to meeting the policy guidance, criteria and standards set
forth in Section 26-12(c).
1998-1 -4
BE IT FURTHER ORDAINED that Article V, Sec. 26-114 of the Code of the City of
Fairfax, Virginia, is hereby amended by adding subsection (s) as follows:
(s)
Telecommunications facilities that, together with the structures on
which they are mounted, exceed sixty-five (65) feet in height,
subject to meeting the policy guidance, criteria and standards set
forth in Section 26-12(c).
BE IT FURTHER ORDAINED that Article VI, Sec. 26-118 of the Code of the City of
Fairfax, Virginia, is hereby amended by adding subsection (e) as follows:
(e)
Telecommunications facilities that, together with the structures on
which they are mounted, exceed sixty-five (65) feet in height,
subject to meeting the policy guidance, criteria and standards set
forth in Section 26-12(c).
BE IT FURTHER ORDAINED that Article VII, Sec. 26-124 of the Code of the City of
Fairfax, Virginia, is hereby amended by adding subsection (e) as follows:
(e)
Telecommunications facilities that, together with the structures on
which they are mounted, exceed sixty-five (65) feet in height,
subject to meeting the policy guidance, criteria and standards set
forth in Section 26-12(c).
BE IT FURTHER ORDAINED that Article VIII, Sec. 26-132 of the Code of the City of
Fairfax, Virginia, is hereby amended by adding subsection (e) as follows:
(e)
Telecommunications facilities that, together with the structures on
which they are mounted, exceed sixty-five (65) feet in height,
subject to meeting the policy guidance, criteria and standards set
forth in Section 26-12(c).
BE IT FURTHER ORDAINED that Article IX, Sec. 26-139 of the Code of the City of
Fairfax, Vkginia, is hereby amended by adding subsection (d) as follows:
(d)
Telecommunications facilities that, together with the structures on
which they are mounted, exceed sixty-five (65) feet in height,
subject to meeting the policy guidance, criteria and standards set
forth in Section 26-12(c).
BE IT FURTHER ORDAINED that Article X, Sec. 26-150 of the Code of the City of
Fairfax, Virginia, is hereby amended by adding subsection (c) as follows:
(c)
Telecommunications facilities that, together with the structures on
which they are mounted, exceed sixty-five (65) feet in height,
subject to meeting the policy guidance, criteria and standards set
forth in Section 26-12(c).
BE IT FURTHER ORDAINED that Article XI, Sec. 26-160 of the Code of the City of
Fairfax, Virginia, is hereby amended by adding subsection (c) as follows:
(c)
Telecommunications facilities that, together with the structures on
which they are mounted, exceed sixty-five (65) feet in height,
1998-1 -5
BE IT FURTHER ORDAINED that Article XI, Sec. 26-160 of the Code of the City of
Fairfax, Virginia, is hereby amended by adding subsection (c) as follows:
(c)
Telecommunications facilities that, together with the structures on
which they are mounted, exceed sixty-five (65) feet in height,
subject to meeting the policy guidance, criteria and standards set
forth in Section 26-12(c).
BE IT FURTHER ORDAINED that Article XII, Sec. 26-167 of the Code of the City of
Fairfax, Virginia, is hereby amended by adding subsection (a)(5) as follows:
(5)
Telecommunications facilities that, together with the structures on
which they are mounted, exceed sixty-five (65) feet in height,
subject to meeting the policy guidance, criteria and standards set
forth in Section 26-12(c).
BE IT FURTHER ORDAINED that Article XV, Sec. 26-182 of the Code of the City of
Fairfax, Virginia, is hereby amended by adding subsection (f) as follows:
Telecommunications facilities that, together with the structures on
which they are mounted, exceed sixty-five (65) feet in height,
subject to meeting the policy guidance, criteria and standards set
forth in Section 26-12(c).
This ordinance shall become effective as provided by law.
Planning Commission Hearing:November 24, 1998
City Council Hearing: danuary 13 ~ 1998
ADOPTED: danuary 13, 1998
Mayor
--~)- i(~y 51erk
Coui~cilman rlershon was absent. The vote to adopt was approved 5-0, recorded
as follows:
Vote:
Councilman Coughlan ,ase
Councilman Greenfield aye
Councilwoman Lyman a e
Councilman Mershon ~ ~ent
Councilman Rasmussen aye
Councilman Silverthorne aye
1998-1
Policy -
A POLICY
FOR APPROVAL, SITING, AND DESIGN OF
TELECOMMUNICATIONS TRANSMITTING
AND RECEIVING FACILITIES.
This Policy is intended to provide more detailed guidance and
amplification of the telecommunications objectives listed in the
Comprehensive Plan. The policy reiterates the requirement to collocate
facilities, where possible, and to ensure compatibility of land uses.
Further, it addresses in depth the siting and design criteria referenced
by the third of the telecommunications objectives listed in the
Comprehensive Plan. Telecommunication facilities should be provided
only in accordance with the guidelines listed under the Collocation,
Compatibility, and Siting and Design objectives below. In such case
where the application of one guideline may conflict with the
application of another, the best balance should be achieved to
minimize the negative impacts of the facility and to ensure
compatibility with nearby land uses.
Objective I: Collocation
The City will seek to minimize the impact of telecommunication
facilities by requiring that providers of telecommunication services:
2.
3.
4.
5.
Locate necessary antennas and equipment on existing structures;
Share facility locations on the same property with other service
providers;
Share items such as structural attachments, cable shrouds, equipment
shelters, and equipment cabinet pads with other service providers;
Coordinate with other service providers in the fulfillment of any
screening, landscaping, access and utility requirements; and
Coordinate with other service providers in the digging of trenches or
underground conduits for the placement of any cables or other
equipment under or through any street or right-of-way.
Objective II: Compatibility with Nearby Land Uses
The City will attempt to ensure compatibility of telecommunications
facilities with nearby land uses by assuring that the providers of
telecommunications services:
Locate telecommunications facilities in the following areas in
descending order of preference:
(a) On property that is already developed with a public utility
structure that is at least 90% of the height of the proposed
telecommunications facility;
(b) On property that is already developed with any structure that
is at least 90% of the height of the proposed
telecommunications facility;
(c) In industrial districts;
(d) In low visibility areas of commercial districts;
(e) In properly buffered and screened residential districts where a
clear need for such facility has been established and no
/
1998-1 Policy - 2
industrial or commercial land is available nearby that is
technically suitable to support the facility;
Locate each antenna that is to be attached to an existing building or to
an existing public utility structure in such a manner as to provide the
least visual impact of the facilities on the surrounding public and
residential areas;
Locate each antenna that is to be attached to a new freestanding
structure (including a monopole) or to an existing or reconstructed
tower to minimize its height and visibility. Provide a setback for the
entire structure from all lot lines and on-site buildings, customer
parking areas, and other areas designated for regular active use. The
setback should be a horizontal distance equal to the height of the top
of the antenna above average elevation of the ground around the
structure;
Locate all transmitting, receiving, switching, power and other
supporting equipment entirely within existing buildings, where
possible;
Meet the setback requirements of the zone for any new buildings that
are found necessary to house supporting telecommunications
equipment;
Establish a community liaison with all adjacent civic associations
prior to the construction of the facility and to continue throughout the
period of use of the facility;
Comply with FCC regulations relating to radio frequency emissions
and FAA regulations on lighting; and
Provide for access, removal of all defunct equipment within six
months of discontinuance of use, and bonding of construction and
removal.
Objective III: Siting and Design
The City will attempt to mitigate the negative impacts of
telecommunications facilities by requiring that providers of
telecommunications services:
3.
4.
5.
6.
7.
8.
Choose locations for proposed new telecommunication facilities for
least impact on surrounding neighborhoods while providing adequate
service for the area to be served by the proposed facilities;
Provide detailed plans and cross-sections of the proposed facilities
adequate for determining their impact on nearby neighborhoods;
Design all facilities to be aesthetically and architecturally compatible
with the surrounding environment to the maximum extent possible;
Design all facilities to assure that the telecommunications facilities
are not the most prominent visual feature of the site;
Use construction materials and color schemes appropriate to the
zoning district and to any existing nearby developed properties;
Design any necessary utility buildings to be compatible with the
character of the surrounding neighborhood;
Minimize the number of buildings and equipment cabinets necessary
for each location;
Screen any ground-level equipment or structure bases using a planting
scheme and a wall or fence that together provide the equivalent of
"Screen D" described in City Code Section 26-68;
Construct antenna facilities no higher above adjacent ground
elevation than is reasonably necessary to achieve desired coverage
and to permit collocation;
1998-1
Policy - 3
10.
11.
12.
13.
14.
Do not illuminate structures or antenna facilities unless required by
the Federal Aviation Administration or the FCC. If illumination is
required, it should be effectively shielded from neighboring
residential properties to the extent possible;
Demonstrate that the proposed facility will be safe and structurally
sound;
Provide to the City a letter of intent committing the provider and all
successors in interest to allow shared use of the facility subject to
reasonable terms and conditions for collocation;
Comply with FCC regulations relating to radio frequency emissions;
and
Establish a community liaison with all adjacent civic associations
prior to the construction of the facility and continue the liaison
throughout the period of use of the facility.
The following additional guidelines will apply to the use of City-owned
property and rights-of-way:
Any use of City-owned property for telecommunication facilities will
require execution by the applicant of a lease agreement with the City
acceptable to the City Council.
Lease and license agreements for telecommunications facilities will
address issues including, but not limited to, access for maintenance,
removal on cessation of use, bonding, availability and charges for
shared use, compensation to the City for the use of public property,
and reimbursement of cost incurred by the City; and
The City may require compensation from telecommunications service
providers for the use of City-owned property and facilities.
This policy was adopted by City Council on January 13, 1998.
1